Jump to content

Co op CCA, is this one enforceable ??


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4532 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts

hi all


please can I have your thoughts on whether this is enforceable.







No the T&C isn't legible, I've done the best I can with the scan but I can't read the one I have. And it is a different size to the other pages.


Previously they sent me a "blank true copy of the credit agreement", the accompanying letter to that one stating " I am aware that a copy of the credit agreement was sent to you at the time of opening" :rolleyes:


Interestingly the T&C page on this blank one differs to the one I have received now, even though I can't read it I can see from the paragraph layout it is different. Also the blank one was the same size as the first 2 pages.


Many thanks

Link to post
Share on other sites

Write back to the Co-op -



Dear Sir,



Re: my request under the Consumer Credit Act 1974


Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.


The Act demands that I be supplied with a legible true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.


My request remains outstanding. The correspondence you have sent in your reply, does not constitute a legible true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.


I still require you to send me a legible true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a legible true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.


You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.


To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.


The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office


To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.


Should you not have any legible signed credit agreement in relation to this alleged debt, please confirm this in writing to me.



I look forward to your reply.


Yours faithfully


Print name do not sign


Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.


You can make a donation

HERE. Thank you.


Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Hi Accesspwd,

Subbing = subscribing to the thread, which is automatic if you make a comment in a thread. Another way to subscribe is to click thread tools at top of thread and choose subscribe.

Bump is when someone helps you by bumping" your thread back to the top of the forum to get attention.

All the best,

Elsa x



Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:


All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

Link to post
Share on other sites

Sub means they are subscribing to your thread.


Bump means they are nudging your post back to the top of the board.

Anthrax alert at debt collectors caused by box of doughnuts


Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.


Vir prudens non contra ventum mingit



17 Port & Maritime Regiment RCT

Link to post
Share on other sites

Thanks supasnooper - excellent letter.


I have already written back to them , though wish I'd waited now as your letter is better!!

Link to post
Share on other sites



I am guessing then that I am safe in carrying on based on this definitely being unenforceable?


In other words, I just keep on ignoring them.....



I note your letter refers to their quick response - not this lot - 8 months!!

Link to post
Share on other sites

  • 4 weeks later...

I've had the same thing sent about 3 times , each time with different T&C !!


Yes they have moved onto Fredrickson and threatening legal action, Fredrickson ignoring letters asking why given to them when in dispute.

Link to post
Share on other sites

That's interesting,i'm sure somebody else can advise better but have you taken it further and reported them to oftel and the banking ombudsman ?


I've got a dca gothia and solicitors on my case but wrote to them saying the account was in dispute and i've heard nothing back yet.

I'll see what response i get from co-op and report it back on my thread but the way i see it if they want to challenge it in a court of law then i'll be prepared to go down that route on the basis that i don't consider an application form to be a legally binding cca.

Link to post
Share on other sites


  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...